ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2019 DOCKET NUMBER: AR20160017252 APPLICANT REQUESTS: * reversal of the National Guard Bureau's (NGB) decision to deny his request for an Exception to Policy (ETP) to retain the $50,000.00 Student Loan Repayment Program (SLRP) incentive in the Oklahoma Army National Guard (OKARNG) * a personal hearing before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 032-128, dated 1 February 2007 * Orders Number 165-044, dated 14 June 2007 * DA Form 1059 (Service School Academic Evaluation Report), dated 24 September 2007 * Power Generation Course Completion certificate, dated 25 September 2007 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 28 May 2014 * NGB Form 600-7-5-R-E (Annex L to DA Form 4836), dated 28 May 2014 * Memorandum, Subject: Request for ETP for SLRP for the applicant, dated 12 January 2016 * email correspondence between January 2016 and June 2017 * self-authored memorandum FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant’s failure to timely file. 2. The applicant states essentially: * he is being punished for a mistake made by the recruiter for incorrectly completing his enlistment contract and SLRP documents by entering the wrong enlistment Military Occupational Specialty (MOS) or he had him sign a fraudulent SLRP in order for him to extend for 6 years * there was a misunderstanding or lack of information provided by the recruiter when creating the enlistment contract and SLRP addendum with his current primary MOS 13P (Fire Direction Specialist) and his secondary MOS 91D (Power Generator Equipment Repairer) * he was also classified as a 09S (Officer Candidate) because he completed 2 phases of the OCS course but he has not commissioned and has never commissioned at any point in his career * the NGB memorandum, dated 12 January 2016 states his SLRP was disapproved for not being in an authorized position * the recruiter split the enlistment contract into 2 different documents, an enlistment contract as a 91D and the SLRP documents as a 09S even though they were signed on the same day * if he was aware the SLRP was not offered to him when he was wrongfully reenlisted, he would not have signed the fraudulent enlistment contract or the SLRP that contained discrepancies 3. A review of the applicant’s service records show the following on: * 27 January 1999 – enlisted in the OKARNG in MOS 13P and served through multiple extensions and one reenlistment * 28 May 2014 – DA Form 4836 was completed showing he extended his enlistment for a 6 year period; in conjunction with his extension NGB Form 600-7—5-R-E was completed showing the following: * section 2 (Eligibility): * item 4 - he had 3 disbursed loans in the amount of $27,358.00 that were approved in the Guard Incentive Management System (GIMS) * item 8 – he must be extending Duty MOS Qualified (DMOSQ) in MOS 09S that matches the authorized military grade commensurate with the position regardless of State or National assigned strength levels as the primary position holder * section 3 (SLRP Amount and Payments): * item 1 - he was extending in the ARNG for the 6 year DMOSQ current member SLRP * item 2(a) – he must be DMOSQ in his SLRP MOS and assigned to an authorized modified table of organization and equipment or table of distribution and allowances unit in GIMS * 11 June 2015 – by memorandum the applicant requested a request for civil conviction waiver in order to commission as a second lieutenant in the OKARNG for processing as an officer candidate school cadet, his record is void of any other documents related to commissioning prior to this date 4. On 12 January 2016, by memorandum, the applicant was informed by NGB his request to retain the $50,000.00 SLRP was disapproved because he was not in an authorized position at the time of the contract which violated Department of Defense Instructions (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph E6.1.1.3 5. The applicant provides: * Orders Number 032-128, showing he was ordered to Active Duty for Training (ADT) in MOS 52D phase 1 * Orders Number 165-044, showing he was ordered to ADT in MOS 52D phase 2 * DA Form 1059, showing he attended and completed MOS 52D phase 2 training * Ordnance Center and Schools Diploma showing he was a graduate of the power generator equipment repairer course * email correspondence wherein he corresponds with an OKARNG official to resolve the SLRP issue and determining his next course of action to resolution 6. Additionally, he provides a self-authored memorandum that states in pertinent part, his current enlisted MOS is 13P, and his secondary MOS is 91D. In addition he has another MOS of 92G. However, the NGB memorandum, dated 12 January 2016, states his SLRP was disapproved for not having an authorized position. What the memorandum was telling him was he was wrongfully being punished for the mistake of a recruiter that incorrectly completed the SLRP document by entering the wrong MOS of 09S. If the NGB was not accepting his enlisted 91D MOS that he holds, that means he should have never been reenlisted in the 91D MOS on 2 October 2012. Furthermore, if the NGB disapproves the SLRP then they need to disapprove and terminate all military enlistment contracts from 2 October 2012 to present (about 3 enlisted contracts) because of discrepancies in the contracts. He was never a commissioned officer during anytime of his enlistment. 7. Fiscal Year (FY) 2014 Selected Reserve Incentive Program (SRIP) Endorsement, dated 22 May 2014 states the Soldier may not receive the reenlistment bonus, officer affiliation bonus, chaplain loan repayment, or health professional loan repayment program with this incentive. 09S applicants are not eligible. 8. DODI 1205.21, paragraph E6.1.1.3 states the member must hold the military grade and skill qualifications commensurate with the requirement. 9. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that a personal appearance was not warranted; a fair and equitable decision could be made based upon the available documentary evidence. Additionally, the Board determined that based upon the documentary evidence presented by the applicant and those found within the military service record, the Board found that the applicant failed to meet the contract obligations which awarded the Student Loan Repayment; therefore, the Board found no injustice or error which would warrant granting an exception to policy. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. FY 14 SRIP Endorsement, dated 22 May 2014 states the Soldier may not receive the reenlistment bonus, officer affiliation bonus, chaplain loan repayment, or health professional loan repayment program with this incentive. Must have one or more qualifying and disbursed title 4 federal loans that are not in default at the time of enlistment, affiliation, or reenlistment/extension. 09S applicants are not eligible. Must be DMOSQ in the same, original contracted MOS on the reenlistment/extension signature date and agree to serve in that MOS for 6 years 3. DODI 1205.21, paragraph E6.1.1.3 states the member must hold the military grade and skill qualifications commensurate with the requirement. 4. AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. ABCMR Record of Proceedings (cont) AR20160017252 0 4 1